Criminals on the Benches – Your Time is Up

“Australia is the only country in the world where, and only since 2005, it is against the law to sue lawyers who are negligent in the court room.” Mr Johnson said, “On top of this, we have a lame legal regulator who refuses to investigate more than 90% of the 2,000 complaints about lawyers that the Legal Services Commissioner receives every year. The complaints he refuses to hear include complaints about family lawyers (over 40% of complaints), lawyers executing wills and estates (nearly 30% of complaints) and litigation lawyers generally (another 20% of complaints). The stories, and the statistics, are chilling.”

Mr Johnson has not said anything more about the state of corruption in the legal system than has been said by dozens of other prominent legal figures including parliamentarians, cabinet ministers and judges).

“The bureaucrats have a hard time ahead, explaining why they have repeatedly gone after me for whistleblowing, while not going after any of those dozens of high profile legal and political figures who have said the same things as me over the years, including recently.” Mr Johnson said.

James Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Journalist. Whistleblower. Independent Documentary Maker

Mail: PO Box 6137 Point Cook Victoria Australia 3030 Mob: +61 (0)401 865 914

To sin by silence when they should protest makes cowards of men.” – Abraham Lincol

Truth is a weapon, to be picked up and used in the fight against injustice” – James Johnson

25 January 2013

VCAT: “You are not a whistleblower Mr Johnson.”

Mr Jim Nelms

Senior Registrar

Legal Practice List Division

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

Mr JOHNSON: “I AM a whistleblower, protected by State, Federal, Constitutional and International Laws. And YOU are a corrupt Unconstitutional star chamber VCAT. YOU have no power or authority whatsoever. YOU don’t even exist.”

BY FACSIMILE: 03 9628 9788 (3 + 5 + 40 = 48 pages)

(Telephone: 03 9628 9081 )

Instructions to Mr Nelms: Please read and copy to the following three “judicial members” of your unconstitutional “non-judicial” and highly criminal organisation – Mr Greg Garde, Mr John Bowman and Mr Jonathan Smithers

cc: Mr Robert Clark MLA and Attorney-General

cc: Special Investigations Unit

cc: GLOBAL MEDIA LIST

  1. Michael Keith McGarvie – Legal Services Commissioner v Harold James Johnson,

VCAT Proceeding J134/2011

  1. Harold James Johnson v David William Hanlon (solicitor), Harwood Andrews Pty Ltd (Law Firm) & Ors, Victorian Supreme Court Proceedings No. 3731 of 2009 (initially commenced against Harold James Johnson (defendant) as No. 9263 of 2008); etc
  2. Unlawful, Unconstitutional Cost Hearing scheduled in VCAT Proceeding J134/2011 on 30 January 2013 at 2pm at 55 King Street, Melbourne

  1. I first wish to inquire regarding the three applications I filed by facsimilie (according to your organisation’s customs) in this process J134/2011 on 21, 27 and 31 December 2012 (cc A-G Mr Clark for evidentiary / proof etc reasons), being applications for (full) re-hearing, re-opening and review / appeal of your false bureaucratic attackss on me, respecitviely. Some 3, 4 and 5 weeks have now passed. Why have I not heard from you any details of dates for this / these appeal hearings? Please advise what steps your organisatoin has taken to process and serve these applications? I am most curious to know why the appellate process splits down three concurrent pathways (taking Charles Dickens’ / Little Dorrit‘s Circumlocution Office satire of the Best of Bitish B’ocracy a little too far aren’t you guvs?)?

  1. I second repeat my protests over the failures of your organisation to supply the proper audio CD recordings of all hearings in this false (and illegal) bureaucratic attack on me, since and including 6 July 2012. The recordings provided to me for and since that date have been incomplete – damningly so as to the bits that have been “failed to be included” in the recordings where provided. And they have been scrambled beyond uselessness (especially the latter hearings in your “Courtroom 1” false court house. And to date you have failed to provide any recording at all, as ordered for the bizarre joint VCAT-Supreme Court of Victoria hearing, whatever it was, before the doubly-contemptuous, bicephalous Mr Greg Garde. I demand you rectify these corruptions and misconducts forthwith.

  1. Thirdly, I refer to the illegal hearing called by your Unconstitutional organisation going by the name of VCAT, presumably by your criminal co-horts at the Legal Services Commissioner‘s office (including the Commish himself), scheduled by you for 2pm on 30 January 2013 at 55 King Street Melbourne, in furtherance of your criminal conspiracies and criminal reprisals against me for being a leading political dissident (in internal exile) and advocate for free speech, constitutional rights, responsible government and anti-corruption whistleblower. I don’t regret for a moment blowing the whistle and exposing the criminal underbelly of the legal profession in Victoria and Australia, and the lawyer criminals on the benches of the judiciary and the bureaucracy (and even in the parliaments) that have monopolised by hereditary outcomes all three branches of state on these “fatal shores” (as the late great Robert Hughes aptly describes the British marauder of this continent known as Australia).

I attach, for VCAT records in these far-fetched and criminally conspired proceedings against me, including for the purposes of Wednesday 30 January 2013 further illegal and Unconstitutional proceeding, a copy of my 40 page facsimile to your commander and chief, the Attorney-General for Victoria who is ultimately responsible to rectify your criminal misconduct against me.

This (from about page 8 onwards) includes a certificate under your (alleged, but in fact and in law Unconstitutional) VCAT Act – whereby I have appointed Hon Mr Robert Clark the MLA for Box Hill, as my representative for the purposes of this latest outrageous false VCAT hearing for criminal purposes, that you have scheduled for 30 January 2013.

I note for your benefit that 30 January 2013 is perhaps one more (perhaps the last, depending on how you abuse my aforesaid circumlocutory rehearing, reopening, review applications) for you and your VCAT colleagues to undo some of the wrongs / crimes committed under this criminally conspiracy and corrupt mockery of government and impersonation of judicial and legislative processes by:

  • signing, sealing and delivering the proposed orders I have drafted and attached to the Certificate appointing Mr Robert Clark (these are unchanged from when I first drew them up for the 5 October 2012 hearing – even as to quantum of ‘costs in my favour’);

  • each of Mr Smithers, Mr Bowman and Mr Garde signing, sealing and delivering the proposed apologies, resignations and undertaking letters I have drawn up for them (also attached to the Certificate and unchanged in form since I first drew up the first two of these for the 5 October 2012 hearing;

I invite VCAT, without subscribing to the nonsense of it having any valid Constitutional existence or any lawful authority or powers over me whatsoever, to subscribe to and deliver these outcomes on 30 January 2013. Amongst other things, this may result in Mr Smithers, Mr Bowman and Mr Garde (and yourself too, Mr Nelms) being treated more leniently on sentencing under sections 320 and 321 of the Crimes Act (Victoria) and other applicable State, Federal and International laws) at your Nuremberg-style prosecutions this year.

Should VCAT and you and the other criminals on the VCAT benches refuses to do this on 30 January 2013, my “Section 62” representative will make the same legal and Constitutional objections that I and my representatives have made to your “deaf, dumb and blind” criminal selves at all prior VCAT engages (at least the ones we were invited to attend) including your denial of my “Dietrich rights” (to an attorney funded by the state), lack of statutory / constitutional / administrative authorities (both VCAT and LSC)

How dare the criminals on your VCAT benches, your Mr Smithers, Mr Bowman and now Mr Garde:

  • pretend that I am not a whistleblower; and

  • deny that (a) my free speech rights (going back to Magna Carta (“King John’s Bill of Rights”) of 9/11 of 1215 and the Scotts and English Charter / Bill of Rights of 1688 /88 /89) to proper lawful government; and (b) my rights to speak out for the restoration of pre-2004/05 law on order to the legal profession, are not protected by the Constitution, by State, Federal and International Statutes and laws.

And how dare your same criminals on your VCAT benches assert any Constitutionally valid existence or authority to make these denials or any authority for your Star Chamber practices. You do not, and never have had any lawful authority or power over me or any other Victorians or Australians. Everything that VCAT has ever purported to do has been ultra vires, void ab initio and a “crime against the peace” (or worse) in Nuremberg principles of International Criminal law.

Once again I remind you and your criminal cohorts on the benches of VCAT that if such an organisation as your ‘civil tribunal’ could exist, it would exist to administer Acts of Parliament and orders and regulations made by its Minister (including at present Mr Clark). While such a body might be created to administer bureaucrats, clearly it cannot be created to administer citizens. Clearly, only a judicial body (not even a legislative body) can administer the lives and affairs of citizens. No (legitimate ‘administrative tribunal) VCAT can administer the common law, or the Constitution – since once again only a judicial body can do that. And at both State and Federal levels, the constitutional guarantee against tyrannies such as VCAT purports to be, prohibits a legislature from creating a combination of “judicial” body and “non-judicial” body. This is a “separation of powers” that goes all the way back in Judeo-Christian societies to the Old Testament, the Books of MosesDeuteronomy in fact – millennia before Magna Carta or Federation of Australia.

In short, your criminals on the VCAT benches have no powers to adjudicate on questions of law, or to legislate (over-ride or over-write any Acts of Parliament that they might validly be empowered / charged with the duty to administer). VCAT simply cannot legislate [ed – away] due process, best evidence rules, High Court of Australia made laws of natural justice (such as the Dietrich principles to the effect that a man faced with a ‘life time sentence’ from the state who cannot afford an attorney to defend him is entitled to ‘an attorney funded by the state’ – and not the monstrously obscene vice versa laws that your monstrously obscene (and not just criminal, but apparently somewhat criminally insane) VCAT and LSC bureaucrats plan to create on 30 January 2013.

As your alleged VCAT Act makes plain all of these questions of law / Constitution are raised again by your bureaucrats proposed misconducts against me planned for 30 January 2013. Once again, if you wish to pretend that I am wrong on the above points of Constitution and State, Federal and international law, you must put those points to an appropriate judicial body for judicial determination. Or you can commit more Nuremberg style crimes (sections 320 and 321 kind) by ignoring adjudicatorial requirements. The basic question, can VCAT exist as a ‘civil tribunal’, if you want to put the question in hope of a false ‘yes’ from your mates on the judicial benches, must still be put to the judicial benches of the State. In short, you are 100% blocked from doing anything at your planned hearing on 30 January 2013 (as you have been blocked all along as High Court has made clear in Dietrich’s case and in cases such as International Finance Trust Co v NSW Crime Authority and Kirk Group Holdings v NSW Workers Compensation Board from interfering in any aspect of my life, civilian, professional or otherwise, until these questions of law and Constitution have been adjudicated by the appropriate, legitimate, judicial bodies.

How much more stupid can you criminals be? I guess we may find out on Wednesday. But along with Legal Services Commissioner Michael Keith McGarvie and his crew of crooked brigands, You VCAT punks and plenty of others can sure kiss your law professional status, and your cushy “Little Dorrit” government-salary-for-life positions / generations goodbye. You are going to rot behind prison bars for your Nuremberg style crimes against me, all beautifully captured beyond any measure of doubt in your own filthy voices on your own filth organisations records and letterheads and seals. It is almost a pity we no longer have hell holes like Norfolk Island, Moreton Bay or Hells Gates / Sarah Island to send you lads to to contemplate and rehabilitate your criminal spirits. Such is life bros. I look forward. To be continued.

Kind Regards

JAMES JOHNSON

Attachments

  1. Address to Tribunal of 3 October 2012 (cover letter and first attachment only – 5 pages)

  2. Copy 40 page (including 6 attachments) letter to Hon Robert Clark MLA for Box Hill

JAmes Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Journalist. Whistleblower. Independent Documentary Maker

Mail: PO Box 6137 Point Cook Victoria Australia 3030 Mob: +61 (0)401 865 914

To sin by silence when they should protest makes cowards of men.” – Abraham Lincol

Truth is a weapon, to be picked up and used in the fight against injustice” – James Johnson

3 October 2012

URGENT ( 3 + 27 +24 = 54 pages)

Mr Jonathan Smithers

Senior Member

Legal Practice List Division

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

BY FACSIMILE: 03 9628 9788 (minus attachments)

AND BY EMAIL (letter with all attachments)

(Telephone: 03 9628 9081 )

Mr Guy Gilbert, Barrister

of the Victorian Bar (John Rosanove Chambers)

Room 0307, 550 Lonsdale Street Melbourne

BY FACSIMILE: 03 9225 8480 (minus attachments)

AND BY EMAIL (letter with all attachments)

(Telephone: 03 9225 7379 )

Ms Margaret (aka Mark?) Macnamara

Offices of Legal Services Commissioner

Level 9, 330 Collins Street Melbourne Victoria

BY FACSIMILE: 03 9679 8101

(Telephone: 03 9679 8001)

cc: Mr Robert Clark MLA

cc: Special Investigations Unit

  1. Michael Keith McGarvie – Legal Services Commissioner v Harold James Johnson,

VCAT Proceeding J134/2011

  1. Harold James Johnson v David William Hanlon (solicitor), Harwood Andrews Pty Ltd (Law Firm) & Ors, Victorian Supreme Court Proceedings No. 3731 of 2009 (initially commenced against Harold James Johnson (defendant) as No. 9263 of 2008); etc

ADDRESS TO TRIBUNAL (FOR HEARING 5 OCTOBER 2012)

(Address made and all supporting documentation supplied under strongest protest of lack of jurisdiction (criminal) duress, bias, natural justice abuses by SM Jonathan Smithers, Michael Keith McGarvie (LSC), Mr Guy Gilbert and ors

I refer to my 24 page Address to Tribunal as filed and served by facsimile on VCAT and on the Applicant yesterday (along with about 600 pages of supporting materials) ahead of the “hearing” / “settlement” of this matter on Friday morning (5 October) at 10 am at William Cooper Justice Centre, 223 William Street, Melbourne.

A. I attach a reordering of those 24 pages, beginning with the draft Orders (including Catchwords and Findings) that I expect Senior Member Smithers to sign, seal and deliver to my representatives at settlement. This is followed by the resignation and apology and undertaking letters that I have drawn for Legal Services Commissioner Michael McGarvie, VCAT Deputy President John Bowman and VCAT Senior Member Jonathan Smithers to sign, seal and deliver at settlement also. Thirdly, this includes the 13 pages covering Address to Tribunal setting out the rational for these “right things” for each of you gentlemen to do, including payment requirements for payment of costs (at least) at settlement. Fourthly, this package included a two page “historical summation” of this sick, sordid, corrupted process. I arranged for and have seen that the balance of the Address submissions (Attachments B to J of close to 500 pages) were emailed to you yesterday as they were too bulky for facsimile transmission.

B. Ahead of that reordering, I attach a copy of my 2 page media release today, together with a resignation and apology and undertaking letter that I have drafted for the LSC’s Margaret Macnamara (and / or aka “Mark Macnamara – see her / his attached letter of 8 February this year) to sign, seal and deliver (via LSC’s Counsel, Mr Gilbert) at settlement in VCAT on Friday morning.

C. Also ahead of that reordering, next in line, I attach some of the documents that are included in the materials (attachments B to J) that accompanied my Address to Tribunal as filed and served by email. I do this to assist the Tribunal to do what is right (painful for you, but right) and so as you do not lose the trees for the forrest of information that you forced me to send you, without any independent legal advice, representation or filtering, by your yesterday deadline, and under the firmest protests I have ever seen or had to write in my lifetime.

  1. I now attach a copy of my whistleblowing complaint against former Legal Services Commissioner Victoria Marles and others (dated 22 January 2009 – just the cover letter as attached to my “WITH PREJUDICE SETTLEMENT OFFER) where I blew the whistle on these VCAT Proceedings J134/2011 only months before they were commenced against me.

I request that Senior Member Jonathan Smithers read this letter out in full to the Tribunal at the hearing on Friday morning.

  1. These “proceedings” in VCAT J123/2011 were commenced by the Legal Services Commissioner against me in April 2009 (contrary to unsubstantiated allegations contained in the LSC’s flawed Application against me in these VCAT Proceedings, filed in November 2011 (how many years later)? and I attach a copy letter from the LSC’s “delegate (how can that b?) the Law Institute of Victoria Limited  (ACN not disclosed) dated 26 May 2009 telling me the case against me was closed (in May 2009). That letter was signed by the LIVL’s Mr James Leach, who of course appeared in a different government capacity at the secret all-Government hearing in VCAT on 17 May 2012 under VCAT Deputy President John Bowman’s “championship” to throw out my defence evidence and witnesses, before I arrived in Victoria a day and a half later for the commencement of “trial” on 21 May 2012.

Please explain how the LSC can then go and issue a prosecution (outside the 12 month rule) in November 2011? And then please explain a legitimate basis for what is a

  1. I also enclose a copy of my 24 June 2009 letter to the LIVL and its CEO Mr Michael Brett Young, acknowledging the LSC had closed this case (effectively, these VCAT proceedings) against me in May 2009 and requesting the LIVL to comply with its public, own ASIC-constitutional, and private contractual obligations to me as a (at that time 20 years fully paid up member of the “LIVL” lawyers’ union).

I ask you to be cognizant that I wrote this letter on 24 June 2009, barely 4 weeks after I was car bombed, at a time when I was struggling with bank foreclosures on all 6 of my properties, was effectively homeless and more than a year without income, enduring ongoing burglaries and death threats, multiple hearings in all levels of the Supreme Court of Victoria as millions of dollars of public monies were being misspent (millions of dollars of public monies going into government and private practice lawyers) to shut down my efforts to restore truth, justice and dignity to myself and my loved ones dependent on me, and to the legal system itself. I commend you to read the tone and contents of this letter, which are a model of ‘calm’ and ‘compasion’ in strong contrast to the hysterical, wild, baseless lies being thrown at me by the legal establishment (as has continued to be the case with these VCAT Proceedings J134/2011) in order to squash my voice so as not to have to deal with the real problems with the legal system that I have summarised and spoken about hundreds of times – just like, but perhaps in better, concentrated form, as hundreds of other prominent Australian legal figures who have not been subjected to anything like the initial abuses that alerted me to these nationwide problems with the law and the lawyers (the “lawyerocracy”), or any of the whistleblower reprisals and retaliations, either.

How insane, how very dregs of unprofessionalism, is it for a Legal Services Commissioner, his team of a dozen in-house lawyers, their external legal aid lawyers Patrick Over (who like James Leach, resurfaced at the illegal VCAT gathering on 17 May 2012 in different legal robes), VCAT Senior Member Jonathan Smithers and VCAT Deputy President John Bowman to “do declare” me “unprofessional” for raising in my personal and immediate capacity as a private citizen, some serious allegations (fully and uncontesably documented) of misconduct by (other) legal professionals, and then go on to find me guilty of “professional” “misconduct” without any investigation of whether and to what extent the things I said were true, fair, reasonable, justified or excusable? And then, as Senior Member Jonathan Smithers’ apparently said on VCAT record on 3 September 2012 [I am going on second hand reports since I was not there and the VCAT audio CD provided is (like at least one other occasion) fragmented and “corrupted”] to find me “guilty” of “professional misconduct” for saying those things – even if they were true.

And this was a prosecution of a closed case. A case the Legal Services Comissioner had kicked over and closed three times already, three years before initiating these proceedings J134/2011 against me in VCAT.

I request that Senior Member Jonathan Smithers read this letter out in full to the Tribunal at the hearing on Friday morning.

  1. And who are the people named in (but not produced to give evidence or be cross examined) this “case against me” in this VCAT Proceeding J134 of 2011 that was dismissed for a third time in 2009?

Why the Legal Services Commissioner, Federal Magistrate Daniel O’Dwyer, Federal Barrister Graham A Devries and Family Court Pscychologist Report writer David List.

And who are these gentlemen?

Why they are the Seventh, Eighth, Nineth and Tenth Co-Defendants by Counterclaim in Victorian Supreme Court proceedings that I joined them to in October 2008, to bring them into account in a Court of law for their scandalous wrongful claims (hardly even allegations) against me, and to prosecute my allegations against them (with uncontestible evidence) to the full measure and extent that the law allows (which may be “not much” going by what these four gentlemen, and others behind them have criminally conspired to achieve in VCAT earlier this month.

I attach a Supreme Court Prothonatorised Schedule of Parties for these Victorian Supreme Court proceedings.

I request that Senior Member Jonathan Smithers read this letter out in full to the Tribunal at the hearing on Friday morning.

  1. Next, I attach a copy of Ms Margaret (aka Mark) Macnamara’s letter to me of 8 February 2012. Margaret’s initials appear at the top of the letter, her scrawled signature at the bottom, and she is 9th on this list under her assumed / alternate name. The gist of this letter appears to be that “failed to investigate” and “summarily dismissed” mean different things to these (same) Macnamaras. One is left to wonder whether there might have been a part for some “auto investigation” of at least some of these people on the list. For example the former, disgraced inaugral Legal Services Commissioner, Victoria Marles (13th on the list), just as I was “auto-investigated” in 2011 on the 2009 three times closed case, except that there was no “investigation” in that “auto-investigation” process, either.

Whatever the wonder, clearly there is no way forward but for Ms Margaret Macnamara (as Mark if she wishes) to sign, seal and deliver (via the LSC’s Counsel Mr Guy Gilbert) at settlement in VCAT on Friday her immediate resignation and apology and undertaking that I have drawn up for her and attached to this letter.

I request that Senior Member Jonathan Smithers read Ms Macnamara’s letter to me of 8 February 2012, read it out in full to the Tribunal at the hearing on Friday morning.

I look forward. To be continued.

Kind Regards,

JAMES JOHNSON

JAmes Johnson

B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Journalist. Whistleblower. Independent Documentary Maker

Mail: PO Box 6137 Point Cook Victoria Australia 3030 Mob: +61 (0)401 865 914 Twitter: @JamesJohnsonCHR

Truth is a weapon, to be picked up and used in the fight against injustice” – James Johnson

GENERAL IMMEDIATE MEDIA RELEASE: 3 OCTOBER 2012 at 6:00 AM

Whistleblocked! Whistleblowing lawyer faces lifetime ban

for exposing legal, judicial and government corruption

Amazing human rights battle, political trial, in Melbourne (Friday 5 October)

LOCATION:

Victorian Civil Appeals Tribunal at the “William Cooper Justice Centre”, 223 William Street (cnr Lonsdale Street), Melbourne

TIME AND

DATE:

10:.00 am on Friday 5 October 2012 (nb: check the time and room number the evening prior via online on VCAT’s “Daily List” website page)

MORE INFORMATION:

Must see http://lawyerocracyontrial.wordpress.com/?s=corruption

http://jamesjohnsonchr.wordpress.com//?s=lawyerocracy

And Follow @JamesJohnsonCHR and The @21May12 Project on Twitter

AT 10 AM THIS FRIDAY MORNING IN MELBOURNE, prominent Australian journalist, lawyer and political activist Mr James Johnson will be sentenced on two charges of “professional misconduct” and faces being banned from practising law for at least 5 years (possibly for life) as payback for blowing the whistle on widespread corruption and misconduct in Australia’s legal system.

Earlier this month, the Victorian government (in its Victorian Civil Administrative Tribunal) ruled that despite a distinguished two decade career amongst the elite of the legal profession, Mr Johnson’s crime? Making comprehensive whistleblower complaints about corruption and misconduct by a number of Australian barristers, solicitors and judges – complaints that, despite their seriousness and the weight of evidence behind them, the relevant government authorities have not and will not investigate to determine whether they are true or not.

The Victorian Legal Services Commissioner, Mr Michael McGarvie, who is prosecuting Mr Johnson has asked Victoria’s VCAT Tribunal Senior Member Mr Jonathan Smithers impose a lifetime ban on Mr Johnson.

Mr Johnson has responded by filing a 500 page submission proving the truth of his allegations, including draft orders for the VCAT Member to sign, and by demanding the resignations the Legal Services Commissioner, along with Mr Jonathan Smithers of VCAT and Mr John Bowman of VCAT. In May of this year VCAT Deputy President Bowman ruled at a secret all-Government hearing “a day [and a half” before the “trial” against Mr Johnson began on 21 May, that Mr Johnson would not be allowed to produce any government evidence to defend himself to against the charges and to prove his status and rights to legal protections as a “whistleblower”. VCAT struck out 57 summonses calling for the production of substantial government records and testimony from 57 hostile witnesses, most of them prominent public servants.

Australia is the only country in the world where, and only since 2005, it is against the law to sue lawyers who are negligent in the court room.” Mr Johnson said, “On top of this, we have a lame legal regulator who refuses to investigate more than 90% of the 2,000 complaints about lawyers that the Legal Services Commissioner receives every year. The complaints he refuses to hear include complaints about family lawyers (over 40% of complaints), lawyers executing wills and estates (nearly 30% of complaints) and litigation lawyers generally (another 20% of complaints). The stories, and the statistics, are chilling.”

Mr Johnson has not said anything more about the state of corruption in the legal system than has been said by dozens of other prominent legal figures including parliamentarians, cabinet ministers and judges).

The bureaucrats have a hard time ahead, explaining why they have repeatedly gone after me for whistleblowing, while not going after any of those dozens of high profile legal and political figures who have said the same things as me over the years, including recently.” Mr Johnson said.

Mr Johnson has campaigned for years to the Victorian Premier and Attorney-General on the need to heed the calls of a damning 2009 Annual Report to Parliament by Victorian State government on widespread corruption and failure in the office of the Victorian Legal Services Commissioner.

The Baillieu Clark government needs to turn the clock back on the legal profession, only as far back as 2004, when lawyers were regulated by an independent non-lawyer regulator, Ms Kate Hamond the former Victorian Legal Ombudsman. The Baillieu Clark government needs to launch an in-depth investigation into widespread abuse of the courts system by the solicitors, barristers, judges and bureaucrats that run them. We can’t wait for an ‘Independent Broad Based Commission Against Corruption’ – especially one that looks like it will not be independent of the legal profession, and will not be broad based either. The government has to act now.”

Mr Johnson is philosophical and continues to work to change the system. “What the Victorian bureaucrats have done is to declare that notwithstanding glorious Acts of Parliament like Victoria’s Whistleblowers Protection Act of 2001 and Charter of Human Rights and Responsibilities Act of 2004, the day to day reality is that it is illegal to be a whistleblower and to speak out against government corruption in Australia.”

As Christine Assange said, ‘we live in an age where whistleblowers are criminals, and journalists are enemy combatants. And I am a whistleblower and a journalist, as well as being a lawyer and a political activist,” he said.

Our elected members of parliament, whom we elect to govern and protect us from excessive misuse of powers by bureaucrats and judges, should all hang their heads in shame. They are failing us too.”

This is not just James Johnson’s personal battle for justice, freedom of speech and the right to speak out against corruption in government – a “lawyerocracy” as Mr Johnson famously calls it, “This is a personal and political battle for the 99.99% of us Australians.”

The stage is set for an epic battle between the forces of good versus evil, on Friday morning in VCAT (“William Cooper Justice Centre”, 223 William Street at 10:00 am).

  • o0o –

Request to Attorney-General Nicola Roxon to “be like Doc Evatt”

“We are writing to inform you of sickening political crimes perpetrated against one of Australia’s most talented and ethical human rights lawyers, whistleblowers and playwrights, Mr James Johnson.

As a former member of the Melbourne office of law firm Maurice Blackburn, you probably don’t have the same top-tier constitutional or legal knowledge and experience as Mr Johnson. But even so, as a fellow legal practitioner, and a lady who knows basic right from wrong, you too must be truly horrified at the corrupt underbelly of the legal profession – of government and law that is engaging in these criminal reprisals against Mr Johnson. We can only sit back in admiration, and rush forward to defend and support, Mr Johnson, for so valiantly blowing the whistle on them, “in their own backyards” and demanding that lawyers be brought back under the proper laws and independent regulation that they were subjected to (the same as non-lawyers) until as recently as 2004-2005.

Small wonder that Mr Johnson’s supporters are describing him as “the Simon Wiesenthal of Australian law”, the “Baltasar Garzon of Australian law” and drawing favorable comparisons between Mr Johnson and other world figures such as Julian Assange, Aung San Suu Kyi and the late Amercian civil rights activists such as Martin Luther King Jnr and legendary US civil rights lawyer William Kunstler, to name just a few.”

Friends of James Johnson

web: http://friendsofjamesjohnson.com

email: FriendsofJamesJohnson@hotmail.com

sms: +61 0402 094 047

post: GPO Box 2354 Brisbane Queensland Australia 4000

THIS LETTER AND ITS CONTENTS ARE STRICTLY PRIVATE AND CONFIDENTIAL ON LEGAL AND HUMANITARIAN GROUNDS

EXTREMELY URGENT (YOUR RESPONSE NEEDED BY MIDDAY TOMORROW 25 JANUARY)

24 January 2013

Hon Ms Nicola Roxon

Federal MLA for Gellibrand

Attorney-General for Australia

1 Thomas Holmes Street

Maribyrnong Victoria Australia 3032

By Facsimile: +61 (03) 9317 7477 (21 pages)

(Telephone: +61 (03) 9317 7077)

Dear Ms Roxon

All the Attorney-General’s Men – VCAT Political Show Trial and Crime Spree – VCAT Matter J134/2011 – Final Costs Hearing on 30 January 2013 at 2pm (55 King St, Melbourne)

We are writing to inform you of sickening political crimes perpetrated against one of Australia’s most talented and ethical human rights lawyers, whistleblowers and playwrights, Mr James Johnson.

As a former member of the Melbourne office of law firm Maurice Blackburn, you probably don’t have the same top-tier constitutional or legal knowledge and experience as Mr Johnson. But even so, as a fellow legal practitioner, and a lady who knows basic right from wrong, you too must be truly horrified at the corrupt underbelly of the legal profession – of government and law that is engaging in these criminal reprisals against Mr Johnson. We can only sit back in admiration, and rush forward to defend and support, Mr Johnson, for so valiantly blowing the whistle on them, “in their own backyards” and demanding that lawyers be brought back under the proper laws and independent regulation that they were subjected to (the same as non-lawyers) until as recently as 2004-2005.

Small wonder that Mr Johnson’s supporters are describing him as “the Simon Wiesenthal of Australian law”, the “Baltasar Garzon of Australian law” and drawing favorable comparisons between Mr Johnson and other world figures such as Julian Assange, Aung San Suu Kyi and the late Amercian civil rights activists such as Martin Luther King Jnr and legendary US civil rights lawyer William Kunstler, to name just a few.

We note that your predecessor, Mr Robert McClelland regularly expressed the same views as Mr Johnson has put in his whistelblowing reports – “Lawyers let you down” is one memorable headline of Mr McClelland’s via The Australian, from late 2009. We are confident that as an ethical and competent lawyer that you will hold the same views as Mr McClelland and Mr Johnson on these important legal / political / social matters and needs for urgent parliamentary attentions (at State and Federal levels).

We attach to this 5 page letter a further 15 pages of materials, being:

  1. a copy of Mr Johnson’s covering 8 page letter of 20 January 2013 to Victorian Attorney-General Robert Clark which describes the sickening nature of what these corrupt “judicial members” of this unconstitutional government (ie “non-judicial”) body known as VCAT have conspired with Victoria’s crooked (and self-confessed) “less than 10% of” Legal Services Commissioner Michael Keith McGarvie, to do to Mr Johnson;

  1. a copy of Mr Johnson’s 2 page media release of June 2012 titled “Whistleblower aims to restore justice to the law” (with its 3 point plan and extensive further reading links)
  1. a copy of a distressing 5 page memorandum from the senior member of the three citizen non-lawyer defence team who represented Mr Johnson in VCAT (on limited basis) after it became too dangerous for Mr Johnson to contemplate parleying in person with these corrupt officials after 6 July 2012 in their corrupt, armed, unconstitutional citadels;

During a series of most irregular and drawn out VCAT hearings in May and July 2012, and climaxing over September, October and November 2012 Mr Johnson was handed a purported 2 ½ year ban from practising law by an unconstitutional VCAT, without a trial, without proper charges, on false allegations and false documents dismissed 2 ¾ times previously by the prosecuting Legal Services Commissioner, with no witnesses or evidence ever produced against him or made available for cross-examination. In fact VCAT actively conspired with the Legal Services Commissioner and several other government agencies to ensure that none of Mr Johnson’s false accusers would be required or compelled to give evidence or be exposed to cross-examined – even after Mr Johnson demanded they be produced and had summonses issued to compel them to testify against him. And in the background to all this, all four of Mr Johnson’s false accusers in VCAT, including the Legal Services Commissioner are the subject of multi-million dollar Supreme Court counterclaims Mr Johnson filed against them and 10 others (mostly lawyers) over 4 years ago – on grounds of professional / public misconduct, negligence, fraud and (criminal) defamation.

 This is a Victorian Legal Services Commissioner whose corruption and incompetence was roundly condemned by the Victorian State Government Ombudsman’s 2009 Annual Report to Parliament. A failed legal regulator who is in defiance of a pair of 2008 and 2009 Victorian Supreme Court rulings to the effects (a) that he has a statutory duty to police 100% (not just 10%) of the Victorian legal profession; and (b) that he should investigate Mr Johnson’s substantial complaints of fraudulent family law solicitors and barristers, going back to 2008 and 2009 (rather than seeking a lifetime ban against Mr Johnson in circumstances where the regulator not only has no regulatory powers but there is nothing to justify any form of discipline against Mr Johnson – not even a caution.

 This false conviction would make Mr Johnson the first lawyer in Australian history to be struck out for being a litigant, not a litigator, at a time when he was not even practising law – an absolute farce made all the worse given that the court transcripts that VCAT refused to allow into evidence prove there was never any impropriety in Mr Johnson’s behaviour in the Federal Magistrates’ Court hearing in October 2008 on which these false allegations have been retrospectively fabricated.

 This rubber-stamping in VCAT of these turgid false allegations against Mr Johnson has also come about after an absolute failure of the VCAT and LSC bureaucrats to even pretend that they were following due process. You can read about this in Mr Johnson’s attached 8 page letter. So bad has their conduct been, so self-incriminating on their own VCAT records of proceedings that they have resorted to refusing to issue proper audio recordings of the proceedings and using armed security guards and secret hearings without notice to Mr Johnson to keep the public from witnessing the spectacle. And to avoid further self-incriminations (and possibilities of being prosecuted or being held accountable in other ways for their corruption) in late November 2012 VCAT announced they would no longer make cost effective audio recordings available to tribunants “effective immediately.”

 Demonstrating that he truly has one of the best legal and political minds of his generation (he says he is “48 going on 1984”), only a man of Mr Johnson’s rare intellectual and ethical talents and good graces could keep his composure while under such massive and sustained attack from criminals on the benches inside and outside of the legal / government system, all the while living under violent attacks and enduring years of forced interstate exile and extreme economic poverty.

 These corrupt bureaucrats deny reality by declaring “Mr Johnson is not a whistleblower” (by the way he blew the whistle on this entire VCAT process in a letter to key government officials way back in January 2009 – a fact and letter (a red folder of a 100 pages of materials). He terrified these bureaucrats in VCAT with it on 6 July 2012 simply by mentioning it. Mr Johnson stays cool, waiting to see “the whites of their eyes” before stating the obvious, “VCAT is not Constitutional” and “VCAT has never been anything but an unconstitutional and invalid Star Chamber.”

 As you can see in even his brief 8 page overview letter Mr Johnson not only keeps his composure, but reports the corruption against him (and the hundreds of other Aussies he has helped, free of charge, over his four plus years pilgrimage) in its broader, sweeping historical context by references to Australian witch-hunts against Scientologists (in the 1970s), Communist Party members (of the ALP) in the 1950s, the history of White Australia Policy / Apartheid, Germany’s Nuremberg Trials of the 1950s (where most of those prosecuted were, apparently, bureaucrat-lawyers), the British civil services corruptions of the British White Raj (as impacted upon Mohindas Gandhi and the “Bengali Bapus”), the “Bleak [Law] Houses” and “Circumlocution Offices” of Westminster of Charles Dickens’ days, and Franz Kafka’s German Weimar Republic, along with impressive Justice / Professor Richard A Posner style analyses and estimates of the macro- micro- and meso- economics of the whole dirty business and its social costs and misery to the broad Australian community.

 The corruption against Mr Johnson resumes next Wednesday 30 January 2013 at 2pm at VCAT, 55 King Street Melbourne with a scandalous final “costs hearing.” These power-drunk and corrupt bureaucrats want to draw every inch of blood out of Mr Johnson’s stony composure by ordering him to pay alleged costs of a secret all-government hearing held on 17 May 2012 (“a day [and a half] before the trial began” as Mr Johnson describes it for effect) where corrupt VCAT officials ruled that Mr Johnson would not be allowed to bring any evidence into VCAT to defend himself (never mind “best evidence rules etc”) – seemingly didn’t even deserve an opportunity to explain why the documents and people that he had had summonsed were relevant and material to the issues in the case. We are sure you will see the corruption and constitutional violations inherent in this staggering bureaucratic claim. We hope you are as appalled and drawn to action, as we are.

 We are sure you will recognise in these documents, and in James a “kindred spirit.” We hope that you are motivated to assist him. Neither Mr Johnson nor ourselves believe there is much chance that Victorian Attorney-General Robert Clark will even comprehend, let alone appreciate the “Doc Evatt Moment” that Mr Johnson has afforded him through this process of appointing him as erstwhile representative for this final 30 January 2013 VCAT witch hunting. History suggests that his lawyer-bureaucrats on staff may well go as far as hiding all this correspondence from him.

 We understand that you, along with several other top Australian Queens’ Counsellors and barristers, have accepted a brief from James, in the context of the flotilla of test cases James has organised to take to the High Court of Australia to have it revisit and repeal the crooked decisions that Legal Aid Victoria / Legal Practitioners Liability Committee purchased in D’Orta-Ekenaike v Victoria Legal Aid and another (a barrister), subject of course to your usual fee of $11,000 per day being met. Mr Johnson is endeavouring to compel legal aid funding, the engagement of top tier national law firms as your instructors and private philanthropic sources to fund these multi-million dollar High Court proceedings on behalf of all Australians (point 1 of his June 2012 media release). Mr Johnson’s role will be 100% non-lawyer in these proceedings – that of organiser, fund-raiser and paymaster.

 Should you wish to read more about the circumstances of this extraordinary political crime spree against Mr Johnson, we have posted the full 40 pages of documentation on our website http://FriendsofJamesJohnson.com and on James’ http://LawyerocracyOnTrial.com website (which we are now managing for him). We have also posted copies of the full text of Mr Johnson’s letter to Victorian Attorney-General Robert Clark of 31 December 2012 and (by way of a background ‘fact sheet’ to the underlying fraudulent State and Federal court proceedings against Mr Johnson) the text of his 31 December VCAT appeal document. These are (2) and (3) in the links that follow. We highly recommend these as important background to Mr Johnson’s story of corruption:

 (1) http://jamesjohnsonchr.wordpress.com/2013/01/21/all-the-attorney-generals-men-vcat-political-crime-spree-show-trial-j1342011/ and mirrored at http://lawyerocracyontrial.com/2013/01/20/vcat-political-crime-spree-show-trial-j1342011/

 (2) http://friendsofjamesjohnson.com/2013/01/20/all-the-attorney-generals-men-corrupt-vcat-show-trial-j1342011/ (apologies for the colouration problem) and mirrored at http://lawyerocracyontrial.com/2013/01/20/all-the-attorney-generals-men-corrupt-vcat-show-trial-j1342011/

 (3) http://friendsofjamesjohnson.com/2013/01/01/get-some-drugs-and-have-a-laugh-theyre-not-real-lawyers-anyway/ and mirrored at http://lawyerocracyontrial.com/2013/01/01/get-some-drugs-and-have-a-laugh-theyre-not-real-lawyers-anyway/

(4) http://friendsofjamesjohnson.com/2013/01/17/these-aussie-lawyers-need-nuremberg-style-trials-and-punishments/ and mirrored at http://lawyerocracyontrial.com/2013/01/01/these-aussie-lawyers-need-nuremberg-style-trials-and-punishments/

(5) http://lawyerocracyontrial.com/2012/10/03/justice-for-none-whistleblocked-whistleblowing-lawyer-faces-lifetime-ban/ and

(7) http://friendsofjamesjohnson.com/2013/01/07/wow-james-johnson-is-still-alive-a-huge-achievement/ and

(8) http://jamesjohnsonchr.wordpress.com/legal-credentials/

We are sure you will agree that is one impressive professional resume – way beyond the achievements of any of the 100s of government-salaried-for-life lawyer-bureaucrats witch-hunting him.

We ask you to consider the morality and ethics of Mr Johnson’s situation and the overwhelming unconstitutional misuse of power, and resources of the state, the unbelievable conceited corruption of the Victorian bureaucrats and government legal agencies. If Mr Johnson is not good enough to be a lawyer (bearing in mind that in 20 years he has never stolen a penny, never cheated his taxes, never had a client complain about him etc etc), how soon will the government strike off the 99.99% of lawyers who don’t even measure up to a quarter of his professional standards and achievements?

We ask you to do what you can to raise legal, political and media exposure of these crimes against Mr Johnson, which are crimes against all Victorians and Australians, and to garner as much support for Mr Johnson for 30 January 2013 as we can collectively muster.

Putting it bluntly, neither Mr Johnson nor ourselves have heard from your Victorian Counterpart, Attorney-General for Victoria whether he is prepared to intervene in this scandalously corrupt hearing of his unconstitutional VCAT (Wednesday 30 January 2013 at 2pm at 55 King Street Melbourne), taking up a “Doc Evatt moment”. By this, Mr Johnson is referencing (see attached) the famous Communist Party Case that former shaddow Attorney-General the great HV (Doc) Evatt took as a free brief on constitutional / free speech / human rights grounds to defeat the (illegitimate) Menzies era Communist Party Dissolution Act of 1951.

Given your respective political persuasions, and that you now hold the office, in Government, that HV (Doc) Evatt held in the 1940s and 1950s (both in government and then in opposition) it would seem ideologically and party-wise appropriate for you to accept a free brief to represent Mr Johnson on Wednesday afternoon as his representative under alleged 62 of the alleged VCAT Act of 1998.

Given the close proximity to the long-weekend. And that this VCAT hearing is scheduled for the second day back after the Australia Day public holiday Monday, we request a response from you by midday tomorrow (Friday) as to what assistance / representation you are prepared to give to Mr Johnson to protect him from further criminal abuse from these Victorian bureaucrats.

Blessings to you dear Lady from

Terry and Sue, on behalf of

FRIENDS OF JAMES JOHNSON … Page of 1 Pages